HomeMy WebLinkAboutordinance.council.056-94
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
CHAPTER 24 OF THE ASPEN MUNICIPAL CODE TO WIT:
SECTION 3-101 DEFINITIONS FOR FOOD MARKET, LOT AREA, NET
LIVABLE AREA, AND FLOOR AREA RATIO;
SECTION 5-210 (B) COMMERCIAL C-1 ZONE DISTRICT PERMITTED USES;
SECTION 5-212 (B) NEIGHBORHOOD COMMERCIAL ZONE DISTRICT PERMITTED
USES;
SECTION 5-301 (E) FRACTIONAL PARKING SPACES;
SECTION 5-302 (A) CHARACTERISTICS OF OFF-STREET PARKING SPACES;
SECTION 5-510 (A) (1) NET LIVABLE AREA FOR ACCESSORY DWELLING UNITS;
SECTION 6-202 (B) APPLICATION MATERIALS;
SECTION 6-205 (E)(4) (d) PUBLIC NOTICE;
SECTION 8-103 (D) (1) GMQS MULTI-YEAR ALLOTMENTS;
SECTION 8-104 (A) (1) (c) HOUSING MITIGATION FOR SINGLE FAMILY
RESIDENCES AND DUPLEXES;
SECTION 8-104 (B)(l) GROWTH MANAGEMENT EXEMPTION BY THE PLANNING
COMMISSION
ORDINANCE 56
Series 1994
WHEREAS, section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by
the Planning Director and then by the Planning and Zoning
commission at public hearing, and then approved, approved with
conditions, or disapproved by the City Council at public hearing;
and
WHEREAS, the Planning Office has determined that certain
sections of the land use regulations which are in error, are
unclear, or in need of ref inement in order to codify Planning
Office policies, or to address current situations within the City;
and
WHEREAS, the Planning Office wishes to have certain sections
of the Code amended to allow clearer application of the regulations
regarding land use; and
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WHEREAS, the Planning and Zoning commission reviewed the
proposed amendments and did conduct a public hearing thereon on
August 16, 1994; and
WHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and zoning
commission has recommended approval of the text amendments
recommended by the Planning Director pursuant to procedure as
authorized by Section 24-6-205 (A) (5) of the Municipal Code; and
WHEREAS, the Aspen city council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning commission, and has taken and considered public comment at
public hearing; and
WHEREAS, the City council finds that the text amendments meet
or exceed all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the city council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare; and
WHEREAS, the City council finds that the proposed text
amendment will allow and promote compatibility of zone districts
and land uses wi th existing land uses and neighborhood
characteristics and will be consistent with the public welfare and
the purposes and intent of Chapter 24 of the Municipal Code.
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the city council finds as follows in regard to the text amendments:
1.The proposed text amendments as set forth in the Plan are not in
conflict with the provisions of Chapter 24 of the Municipal Code
or the Aspen Area community Plan.
2.The proposed text amendments will promote the public interest
and character of the city of Aspen.
Section 2: Section 3~101 of Chapter 24 of the Aspen Municipal Code
definition of "floor area ratio" subparagraph "C" is hereby
amended, which text shall read as follows:
(C) Garages and carports. For the purpose of calculating floor
area ratio and allowable floor area for a lot whose principal
use is residential, garages and carports shall be excluded up
to a maximum area of five hundred (500) square feet per
dwelling unit; all garage or carport space in excess of five
hundred (500) square feet per dwelling unit shall be included
as part of the residential floor area calculation, provided
however that on residential properties containing historic
landmarks that do not meet applicable minimum lot area
requirements, garages and carports shall be excluded up to a
maximum of five hundred (500) square feet for the property.
For any dwelling unit which can be accessed from an alley or
from a private road entering at the rear of the dwelling unit,
the garage shall only be excluded from floor area calculations
if it is located on the alley or at the rear of the unit.
There shall be no exemption of floor area for garage or
carport parking for accessory dwelling units.
Section 3: Section 3-101 of Chapter 24 of the Aspen Municipal Code
definition of "floor area ratio" subparagraph "G" is hereby
amended, which text shall read as follows:
Accessory dwelling unit. For the purposes of calculating floor
area ratio and allowable floor area for a lot whose principal use
is residential, the following shall apply: The allowable floor
area of an attached accessory dwelling unit shall be excluded up
to a maximum of two hundred and fifty (250) square feet of
allowable floor area or fifty (50) percent of the size of the
accessory dwelling unit, whichever is less; a detached accessory
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dwelling unit shall be excluded up to a maximum of three hundred
and fifty (350) square feet of allowable floor area. In the event
that the unit has limited below grade space, the floor area
exclusion only applies to the above-grade living space of an
accessory dwelling unit. For purposes of measuring the floor area
exclusion, the definition of floor area as contained in this
chapter shall be used. Floor area exclusions shall be subject to
review and approval by the planning and zoning commission pursuant
to conditional use review and approval, section 7-304 of Chapter
24 of this code.
section 4: section 3-101 of Chapter 24 of the Aspen Municipal Code
is amended to add a new definition for "food market", which text
shall read as follows:
food market means a store which primarily sells packaged, bulk and
fresh foods, which may have indoor seating up to ten (10) seats,
and no wait service.
section 5: section 3-101 of Chapter 24 of the Aspen Municipal Code
is hereby amended to change the definition of "lot area" which text
shall read as follows:
lot area means the total horizontal area within the lot lines of
a lot. When calculating floor area ratio, lot area shall exclude
that area beneath the high water line of a body of water and that
area within an existing dedicated right-of-way or surface easement,
but shall include any lands dedicated to the city of Aspen for the
public trail system, lands covered by an open irrigation ditch
easement, or any lands subject to an above or below surface
easement. When calculating density, lot area shall have the same
exclusions and inclusions as for calculating floor area ratio, but
shall also exclude any lands subject to slope density reduction,
pursuant to section 7-903 B.2.b.
section 6: section 3-101 of Chapter 24 of the Aspen Municipal Code
is hereby amended to change the definition of "net livable area"
which text shall read as follows:
net livable area means that area calculated on interior living area
and is measured interior wall to interior wall, including interior
partitions. Also included, but not limited to, are habitable
basements and interior storage areas, closets, and laundry area.
Exclusions include, but are not limited to, uninhabitable
basements, mechanical areas, exterior storage, s'tairwells, garages
(either attached or detached), patios, decks, and porches.
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section 7: section 5-210 B. of Chapter 24 of the Aspen Municipal
Code is hereby amended to add a new use to the "permitted uses" in
the commercial C-1 zone district, which text shall read as follows:
B. Permitted uses. The following uses are permitted as of right in
the Commercial (C-l) zone district.
1. Medical clinics and dental clinics, professional and
business offices;
2. Open-use recreation site, recreation club, assembly hall,
theatre;
3. Church;
4. Public building for administration;
5.
Retail commercial establishments limited to the following
and similar uses: Antique store, appliance store, art
supply store, bookstore, photo and camera shop, art
gallery, clothes store, florist, hobby or craft shop,
jewelry store, pet shop, furniture store, hardware store,
paint and wallpaper store, shoe store, video sales and
rental store;
service commercial establishments limited
following and similar uses: Catering service,
institution, office supply store, shop-craft
parking garage, and personal service shops
barber shop and beauty shop;
7. Accessory storage for the above uses if located within
the structure;
6.
to the
financial
industry,
including
8. Accessory residential dwellings restricted to affordable
housing guidelines; I
9. Detached residential dwellings and multifamily dwellings;
10. Broadcasting stations;
11. Home occupations; and
12. Accessory buildings and uses.
13. Food Market
section 8: section 5-212 B. of Chapter 24 of the Aspen Municipal
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Code is hereby amended to add a new "permitted use" in the NC
Neighborhood commercial zone district, which text shall read as
follows:
B. Permitted uses. The following uses are permitted as of right in
the Neighborhood Commercial (NC) zone district.
1. Drug store;
2. Food market;
3. Liquor store;
4. Dry cleaning and laundry pick-up station;
5. Barber shop;
6. Beauty shop;
7. Post office branch;
8. Record store;
9. T.V. sales and service shop;
10. Shoe repair shop;
11. Video rental and sale shop;
12. Accessory residential dwellings restricted to affordable
housing guidelines; and
13. Accessory buildings and uses.
Section 9: Section 5-301 E. of Chapter 24 of the Aspen Municipal
Code is hereby amended to change "fractional parking spaces" which
text shall read as follows:
E. Required number of spaces when fractional spaces computed.
When any calculation of off-street parking results in a
required fractional space said fractional space may be paid
cash-in-lieu or an entire space may be provided on the site.
section 10: Section 5-302 A. of Chapter 24 of the Aspen Municipal
Code is hereby amended to change "characteristics of off-street
parking spaces", which text shall read as follows:
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A. General. Each off-street parking space shall consist of an
open area measuring eight and one-half (8 1/2) feet wide by
eighteen (18) feet long and seven (7) feet high with a maximum
slope of twelve (12) percent in anyone direction. Each parking
space, except those provided for detached residential dwellings and
duplex dwellings, shall have an unobstructed access to a street or
alley. No driveway shall exceed a maximum slope of twelve (12)
percent within twenty (20) feet of a property line bordering a
public or private right-of-way. Off-street parking must be paved
with all weather surfacing or be covered with gravel. For single
family and duplex development, a grass-ring type surface maybe
used. All parking shall be maintained in a usable condition at all
times.
section 11: Section 5-510 A.l. of Chapter 24 of the Aspen Municipal
Code is hereby amended to change "net livable area for accessory
dwelling units", which text shall read as follows:
A. General provisions:
1.
Accessory dwelling units shall contain not less than
three hundred (300) square feet of net livable area and
not more than seven hundred (700) square feet of net
livable area. The unit shall be deed restricted, meeting
the housing authority's guidelines for resident occupied
units and shall be limited to rental periods of not less
than six (6) months in duration. Owners of the principal
residence shall have the right to place a qualified
employee or employees of his or her choosing in the
accessory dwelling unit. Parking shall not be required
if the unit is a studio or one-bedroom unit, but one (1)
parking space shall be provided on-site if the unit
contains two (2) bedrooms and one (1) additional space
shall be required for each additional two (2) bedrooms
in the unit.
section 12: Section 6-202 B. of Chapter 24 of the Aspen Municipal
Code is hereby amended to change "submission materials", which text
shall read as follows:
B. Application. All development applications shall include, at a
minimum, the following information and materials.
1.
The applicant I s name, address and 'telephone number,
contained within a letter signed ny the applicant stating
the name, address, and telephone number of the
representative authorized to act on behalf of the
applicant.
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2.
The street address and legal description of the parcel
on which development is proposed to occur.
3. A disclosure of ownership of the parcel on which
development is proposed to occur, consisting of a current
certificate from a title insurance company, or attorney
licensed to practice in the state of Colorado, listing
the names of all owners of the property, and all
mortgages, judgments. liens, easements, contracts and
agreements affecting the parcel, and demonstrating the
owner's right to apply for the Development Application.
4. An 8 1/2" x 11" vicinity map locating the subject parcel
within the City of Aspen.
5. A site improvement survey including topography and
vegetation showing the current status of the parcel
certified by a registered land surveyor licensed in the
state of Colorado. (This requirement, or any part
thereof, may be waived by the community Development if
the project is determined not to warrant a survey
document. )
A written description of the proposal and an explanation
in written, graphic, or model form of how the proposed
development complies with the review standards relevant
to the development application.
6.
section 13:
section 6-205 E.4. of Chapter 24 of the Aspen
Municipal Code is hereby amended to change "required notice", which
text shall read as follows:
4. Required notices. Notice of hearing to the public for a
development application shall take the following form.
a. Dev~lopment application for permitted uses, special
rev~ew, ESA, GMQS exemptions, subdivision exemptions
(other than for a lot split) or minor development in H.
A development application for a permitted use,
development subject to special review, GMQS exemption,
development in an environmentally sensitive area (ESA)
or minor development in H, Historic Overlay District
requires no notice to the public prior to review.
b.
Development application for condi tional uses and
variances. A development application for a conditional
use or a variance requires mailing of notice and posting
of notice pursuant to section 6-205(E) (3) (b) and (c).
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c.
Development application for significant development in
H; demolition in H; development in or designation of
specially planned area (SPA); planned unit development
(POD); amendments to official zone district map unleSs
for entire city; subdivision exemption for lot split;
designation of Historic Overlay District or historic
landmarks; growth management quota system (GMQS).
significant development in a H, Historic Overlay District
or of a historic landmark, development, demolition of a
historic landmark or of a structure rated as a "4" or a
"5" by the HPC in its evaluation of the inventory of
historic sites and structures, designation of a specially
planned area (SPA), planned unit development (PUD),
amendments to the official zone district map unless for
the entire city , subdivision exemption for lot split,
designation of Historic Overlay District or historic
landmarks, and growth management quo'ta system (GMQS)
review requires publication of notice, posting of notice
and mailing of notice pursuant to section 6-205(E) (3) (a),
(b) and (c).
d.
Amendment to the text of this chapter. Amendment to the
text of this chapter requires publication of notice
pursuant to section 24-6-205 E.3.a. for Planning and
Zoning commission public hearing and ordinance adoption
procedures for city council public hearing.
e.
Development application for subdivision. Subdivision
review requires publication of notice and mailing of
notice pursuant to section 6-205(E) (3) (a) and (c) and
notice by registered mail to all surface owners, mineral
owners and lessees of mineral owners of the property
subject to the development application.
f. Any development application which will cover five (5)
acres or more of land. Any development application which
will cover five (5) acres or more of land requires
publication of notice pursuant to section 6-205(E) (3)(a)
and mailing of notice to the Colorado Land Use
Commission, the state geologist, and the pitkin County
commissioners. In addition, a development application for
subdivision approval also requires notice by registered
mail to all surface owners, mineral owners and lessees
of mineral owners of the property subject to the
development application.
section 14 :
section 8-103 D.l. of Chapter 24 of the Aspen
Municipal Code is hereby amended to change "mUlti-year allotments",
which text shall read as follows:
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1.
The quality of the proposed development substantially exceeds
that established in the minimum threshold for the scoring
established in Section 8-106 E.7, F.5, or G.8, whichever is
applicable, by receiving sixty-seven (67) percent of the
points cumulatively available at the time of its scoring by
the commission.
section 15:
section 8-104 A.l.c. of Chapter 24 of the Aspen
Municipal Code is hereby amended to change "single family and
duplex options", which text shall read as follows:
c. Detached single-family or duplex dwelling unit. The
construction of one (1) or two (2) detached residential units
or a duplex dwelling on a lot which was subdivided or was a
legally described parcel prior to November 14, 1977, which
complies with the provisions of section 7-1004(A) (5) or to
replace after demolition one (1) or two (2) detached
residential units or a duplex dwelling, or the remodel or
expansion of a single family dwelling into a duplex dwelling.
This exemption shall not be applied to any lot for which any
other development allotment is currently being sought or is
approved. This exemption shall only apply if:
(1) Single family option: The applicant provides an accessory
dwelling unit. pays the applicable affordable housing
impact fee or provides a resident occupied deed
restriction on the single-family dwelling being
constructed. All of these options are at the property
owner's discretion;
(2) Duplex option: The applicant provides one (1) free
market/one (1) resident occupied unit, the resident
occupied unit shall be a minimum of 1500 s.f.; two (2)
free market, with one (1) accessory dwelling unit, the
accessory dwelling unit must be a minimum of 600 s.f.;
two (2) resident occupied units; or pays the applicable
affordable housing impact fee. These options are at the
property owner's discretion.
section 16:
section 8-104 B. 1. a. of Chapter 24 of the Aspen
Municipal Code is hereby amended to change "exemptions by planning
commission", which text shall read as follows:
B. Exemption by commission.
1. General. Development which may be exempted by the
commission shall be as follows:
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a.
Expansion of commercial or office uses. The expansion
of an existing commercial or office building of two
hundred fifty-one (251) to five hundred (500) net
leasable square feet, excluding employee housing, if it
is determined that the expansion shall have a minimal
impact upon the city. A determination of minimal impact
shall require a demonstration that a minimal number of
additional employees will be generated by the expansion,
and that employee housing will be provided for the
additional employees generated; that a minimal amount of
additional parking spaces will be demanded by the
expansion and that parking will be provided; that there
will be minimal visual impact on the neighborhood from
the expansion; and, that minimal demand will be placed
on the city's public facilities from the expansion.
Expansion of a building which occurs in phases shall be
limited to a maximum cumulative total of five hundred
(500) net leasable square feet and shall be evaluated in
terms of the cumulative impact of the entire expansion.
The remainder of section 24-8-104 B.1. shall then be renumbered.
section 17:
This Ordinance shall not affect any existing
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
section 18: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdic'tion, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 19: That the City Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
section 20: A public hearing on the Ordinance shall be held on
the ~ day of ~ 1994 at 5:00 in the City Council
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Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in
a newspaper of general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council
~1994.
of the city of Aspen on the ~
day of
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John Bennett, Mayor
A.~st:
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Kathryn ., Koch, City Clerk
F~L~:,_ adopted, passed
~ , 1994.
and approved this ~.
day of
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Johrl Bennett, Mayor
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city Clerk
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